Notices of Violation - Telemarketing Compliance and Enforcement

Canadian Radio-television and Telecommunications Commission

CRTC staff has issued a notice of violation to the following persons with regard to the application of the Unsolicited Telecommunications Rules.

Date	Person subject to the Notice of violation	Description
March 28, 2013	Kawartha Carpet Care	Kawartha Carpet Care has paid a $9,000 penalty for violating the Unsolicited Telecommunications Rules. A CRTC investigation found that Kawartha Carpet Care did not consistently subscribe to the National Do Not Call List (National DNCL) as required, resulting in telemarketing telecommunications made to consumers’ numbers that were registered on the National DNCL.
March 28, 2013	Comwave Telenetworks Inc.	Comwave Telenetworks Inc. has paid a $100,000 penalty for violating the Unsolicited Telecommunications Rules. A CRTC investigation found that Comwave Telenetworks Inc. did not consistently subscribe to the National Do Not Call List (National DNCL) as required, resulting in telemarketing telecommunications made by Comwave Authorized Telemarketers on Comwave’s behalf to consumers’ numbers that were registered on the National DNCL.
March 26, 2013	1486647 Ontario Inc. dba Ontario Consumer Credit Assistance	1486647 Ontario Inc. dba Ontario Consumer Credit Assistance has paid a $69,000. penalty for violating the Automatic Dialing-Announcing Device (“ADAD”) Rules. A CRTC investigation found that Ontario Consumer Credit Assistance made calls via an ADAD, without obtaining prior express consent from consumers.
March 26, 2013	Quick Connect Solutions	Quick Connect Solutions has paid a $11,000. penalty for violating the Automatic Dialing-Announcing Device (“ADAD”) Rules. A CRTC investigation found that Quick Connect Solutions made calls via an ADAD, without obtaining prior express consent from consumers.
October 2, 2012	Avaneesh Software Private Limited	CRTC staff has filed the documentation to serve Avaneesh Software Private Ltd. with a notice of violation with an accompanying administrative monetary penalty of $12,000 for violating Part II section 4, Part II section 6 and Part III section 2 of the Unsolicited Telecommunications Rules. A CRTC investigation found that Pecon Software Ltd. made telemarketing calls while it was not registered with the National Do Not Call List (DNCL) operator, had not subscribed to the National DNCL, and had not paid all the applicable fees.
October 2, 2012	Pecon Software Limited	CRTC staff has filed the documentation to serve Pecon Software Ltd. with a notice of violation with an accompanying administrative monetary penalty of $495,000 for violating Part II section 4, Part II section 6 and Part III section 2 of the Unsolicited Telecommunications Rules. A CRTC investigation found that Pecon Software Ltd. made telemarketing calls while it was not registered with the National Do Not Call List (DNCL) operator, had not subscribed to the National DNCL, and had not paid all the applicable fees.
August 24, 2012	Guelph Federal Liberal Association on behalf of Mr. Frank Valeriote	The Guelph Federal Liberal Association, on behalf of Mr. Frank Valeriote, has paid a $4,900 penalty for violating Part IV sections 4d) and 4e) of the Unsolicited Telecommunications Rules. A CRTC investigation found that the Guelph Federal Liberal Association made calls via an Automatic Dialing-Announcing Device without providing the name, address and contact telephone number of the person on whose behalf the call was made and for not displaying the originating telephone number or an alternative contact telephone number. In addition to paying an administrative monetary penalty, the Association and Mr. Valeriote agreed to implement a compliance program.
February 15, 2012	Bryan Bishop	Bryan Bishop has paid a $2,000 penalty for violating Part II section 6 and Part III section 2 of the Unsolicited Telecommunications Rules. A CRTC investigation found that Bryan Bishop made telemarketing calls while he was not registered with the National Do Not Call List (DNCL) operator, had not subscribed to the National DNCL, and had not paid all the applicable fees.
February 15, 2012	Attention Business Systems Ltd., carrying on business as Maple Printing & Business Forms	Attention Business Systems Ltd. has paid a $4,000 penalty for violating Part II section 6 and Part III section 2 of the Unsolicited Telecommunications Rules. A CRTC investigation found that Attention Business Systems Ltd. made telemarketing calls while it was not registered with the National Do Not Call List (DNCL) operator, had not subscribed to the National DNCL, and had not paid all the applicable fees.
February 15, 2012	9095-6103 Québec Inc., doing business as Paysagement Communautaire	9095-6103 Québec Inc. has paid a $4,000 penalty for violating Part II section 6 and Part III section 2 of the Unsolicited Telecommunications Rules. A CRTC investigation found that 9095-6103 Québec Inc. made telemarketing calls while it was not registered with the National Do Not Call List (DNCL) operator, had not subscribed to the National DNCL, and had not paid all the applicable fees.
August 22, 2011	Goodlife Fitness Centres Inc.	GoodLife has paid a $300,000 penalty for violating the Automatic Dialing-Announcing Device (“ADAD”) Rules. A CRTC investigation found that GoodLife made calls via an ADAD, without obtaining prior express consent, to its current members to advise them of "Grand opening" events at various clubs across Canada, at which events the promotion of GoodLife products and services took place.
December 20, 2010	Bell Canada	Bell Canada has paid a $1.3 million penalty for violating the National Do Not Call List Rules. Bell Canada also makes a $266,000 payment for its use of automated calling devices without consent. Calls were made to consumers who had registered their numbers on the National Do Not Call List (DNCL) or who were or should have been on Bell Canada’s internal do not call list. Usage of automated calling devices to communicate with its prepaid mobile customers without obtaining their prior express consent.
December 16, 2010	Xentel DM Inc.	Xentel has paid a $500,000 penalty for misuse of the charity exemption to the National Do Not Call List Rules. A CRTC investigation found that Xentel made calls to consumers who had registered their numbers on the National Do Not Call List (DNCL) and promoted events on its own behalf or on the behalf of organizations that were not registered as charities with the Canada Revenue Agency. The National DNCL Rules provide an exemption for registered charities.

Date

Person subject to the Notice of violation

Description

March 28, 2013

Kawartha Carpet Care

Kawartha Carpet Care has paid a $9,000 penalty for violating the Unsolicited Telecommunications Rules. A CRTC investigation found that Kawartha Carpet Care did not consistently subscribe to the National Do Not Call List (National DNCL) as required, resulting in telemarketing telecommunications made to consumers’ numbers that were registered on the National DNCL.

March 28, 2013

Comwave Telenetworks Inc.

Comwave Telenetworks Inc. has paid a $100,000 penalty for violating the Unsolicited Telecommunications Rules. A CRTC investigation found that Comwave Telenetworks Inc. did not consistently subscribe to the National Do Not Call List (National DNCL) as required, resulting in telemarketing telecommunications made by Comwave Authorized Telemarketers on Comwave’s behalf to consumers’ numbers that were registered on the National DNCL.

March 26, 2013

1486647 Ontario Inc. dba Ontario Consumer Credit Assistance

1486647 Ontario Inc. dba Ontario Consumer Credit Assistance has paid a $69,000. penalty for violating the Automatic Dialing-Announcing Device (“ADAD”) Rules. A CRTC investigation found that Ontario Consumer Credit Assistance made calls via an ADAD, without obtaining prior express consent from consumers.

March 26, 2013

Quick Connect Solutions

Quick Connect Solutions has paid a $11,000. penalty for violating the Automatic Dialing-Announcing Device (“ADAD”) Rules. A CRTC investigation found that Quick Connect Solutions made calls via an ADAD, without obtaining prior express consent from consumers.

October 2, 2012

Avaneesh Software Private Limited

CRTC staff has filed the documentation to serve Avaneesh Software Private Ltd. with a notice of violation with an accompanying administrative monetary penalty of $12,000 for violating Part II section 4, Part II section 6 and Part III section 2 of the Unsolicited Telecommunications Rules. A CRTC investigation found that Pecon Software Ltd. made telemarketing calls while it was not registered with the National Do Not Call List (DNCL) operator, had not subscribed to the National DNCL, and had not paid all the applicable fees.

October 2, 2012

Pecon Software Limited

CRTC staff has filed the documentation to serve Pecon Software Ltd. with a notice of violation with an accompanying administrative monetary penalty of $495,000 for violating Part II section 4, Part II section 6 and Part III section 2 of the Unsolicited Telecommunications Rules. A CRTC investigation found that Pecon Software Ltd. made telemarketing calls while it was not registered with the National Do Not Call List (DNCL) operator, had not subscribed to the National DNCL, and had not paid all the applicable fees.

August 24, 2012

Guelph Federal Liberal Association on behalf of Mr. Frank Valeriote

The Guelph Federal Liberal Association, on behalf of Mr. Frank Valeriote, has paid a $4,900 penalty for violating Part IV sections 4d) and 4e) of the Unsolicited Telecommunications Rules. A CRTC investigation found that the Guelph Federal Liberal Association made calls via an Automatic Dialing-Announcing Device without providing the name, address and contact telephone number of the person on whose behalf the call was made and for not displaying the originating telephone number or an alternative contact telephone number. In addition to paying an administrative monetary penalty, the Association and Mr. Valeriote agreed to implement a compliance program.

February 15, 2012

Bryan Bishop

Bryan Bishop has paid a $2,000 penalty for violating Part II section 6 and Part III section 2 of the Unsolicited Telecommunications Rules. A CRTC investigation found that Bryan Bishop made telemarketing calls while he was not registered with the National Do Not Call List (DNCL) operator, had not subscribed to the National DNCL, and had not paid all the applicable fees.

February 15, 2012

Attention Business Systems Ltd., carrying on business as Maple Printing & Business Forms

Attention Business Systems Ltd. has paid a $4,000 penalty for violating Part II section 6 and Part III section 2 of the Unsolicited Telecommunications Rules. A CRTC investigation found that Attention Business Systems Ltd. made telemarketing calls while it was not registered with the National Do Not Call List (DNCL) operator, had not subscribed to the National DNCL, and had not paid all the applicable fees.

February 15, 2012

9095-6103 Québec Inc., doing business as Paysagement Communautaire

9095-6103 Québec Inc. has paid a $4,000 penalty for violating Part II section 6 and Part III section 2 of the Unsolicited Telecommunications Rules. A CRTC investigation found that 9095-6103 Québec Inc. made telemarketing calls while it was not registered with the National Do Not Call List (DNCL) operator, had not subscribed to the National DNCL, and had not paid all the applicable fees.

August 22, 2011

Goodlife Fitness Centres Inc.

GoodLife has paid a $300,000 penalty for violating the Automatic Dialing-Announcing Device (“ADAD”) Rules. A CRTC investigation found that GoodLife made calls via an ADAD, without obtaining prior express consent, to its current members to advise them of "Grand opening" events at various clubs across Canada, at which events the promotion of GoodLife products and services took place.

December 20, 2010

Bell Canada

Bell Canada has paid a $1.3 million penalty for violating the National Do Not Call List Rules. Bell Canada also makes a $266,000 payment for its use of automated calling devices without consent. Calls were made to consumers who had registered their numbers on the National Do Not Call List (DNCL) or who were or should have been on Bell Canada’s internal do not call list. Usage of automated calling devices to communicate with its prepaid mobile customers without obtaining their prior express consent.

December 16, 2010

Xentel DM Inc.

Xentel has paid a $500,000 penalty for misuse of the charity exemption to the National Do Not Call List Rules. A CRTC investigation found that Xentel made calls to consumers who had registered their numbers on the National Do Not Call List (DNCL) and promoted events on its own behalf or on the behalf of organizations that were not registered as charities with the Canada Revenue Agency. The National DNCL Rules provide an exemption for registered charities.

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Notices of Violation - Telemarketing Compliance and Enforcement